HOME FOR INCURABLES OF BALTIMORE CITY v. MARYLAND MEDICAL

No. 132, September Term, 1999.

797 A.2d 746 (2002)

369 Md. 67

HOME FOR INCURABLES OF BALTIMORE CITY et al. v. UNIVERSITY OF MARYLAND MEDICAL SYSTEM CORPORATION.

Court of Appeals of Maryland.

Reconsideration Denied June 6, 2002.


Attorney(s) appearing for the Case

John F. Morkan, III (John C. Baldwin, Geoffrey W. Washington of Ober, Kaler, Grimes & Shriver, on brief), Baltimore;

Melvin J. Sykes, Baltimore, argued for appellants.

Shale D. Stiller (Kurt J. Fisher, Evelyn W. Pasquier, William L. Reynolds of Piper, Marbury, Rudnick & Wolfe, LLP, on brief), Baltimore, for appellee.

Deborah M. Thompson, Jonathan M. Smith, Public Justice Center, Baltimore; Stephen H. Sachs, Wilmer, Cutler & Pickering, Baltimore, of counsel, on brief of amicus curiae Public Justice Center on behalf of appellants.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL, and HARRELL, JJ.


ELDRIDGE, Judge.

The controversy in this case concerns a paragraph in a will which makes a charitable bequest to a private nonprofit hospital known as the "Home for Incurables of Baltimore City" or the "Keswick Home." The purpose of the bequest, as stated in the will, was for the Keswick Home to construct a new building for "white patients who need physical rehabilitation." The racially discriminatory "white" patient limitation on the use of the building is clearly...

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